Patrick Gorman (Perth, Australian Labor Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (19) as circulated together.

Leave granted.

I move government amendments (1) to (19) as circulated together:

(1) Clause 2, page 2 (table item 2), omit the table item, substitute:

(2) Clause 3, page 3 (lines 6 to 10), omit the note.

(3) Schedule 1, heading, page 4 (line 1), omit "Main amendments", substitute "Machinery of government amendments commencing 1 July 2025".

(4) Schedule 1, item 6, page 6 (line 25), omit "and MOPS travel resources".

(5) Schedule 1, item 13, page 7 (lines 16 to 20), omit the item, substitute:

13 Paragraph 12(1)(m)

Omit "MP travel resources", substitute "Authority-administered MP resources".

(6) Schedule 1, items 15 to 17, page 7 (line 24) to page 10 (line 6), omit the items, substitute:

15 Subsections 12(1A) and (1B)

Repeal the subsections, substitute:

Authority-administered MP resources

(1A) An Authority-administered MP resource is:

(a) any resource (including an expense, allowance, goods, services, premises, equipment or other facility) that has been, or would be, paid or provided by the Commonwealth under Part 2, 3 or 5 of the Parliamentary Business Resources Act 2017, other than:

(i) remuneration payable under subsection 14(1), (2) or (3) of that Act; or

(ii) a resource payable under the Parliamentary injury compensation scheme determined under subsection 41(1) of that Act, except if the resource is prescribed by the legislative rules for the purposes of this subparagraph; or

(iv) a resource provided under a scheme mentioned in paragraph 42(2)(a) of that Act (legal proceedings in which a current or former Minister of State is a party); or

(v) a resource that is prescribed by the legislative rules for the purposes of this subparagraph; or

(b) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.

Designated MP resources

(1B) A designated MP resourceis:

(a) any resource (including an expense, allowance, goods, services, premises, equipment or other facility) that has been paid or provided by the Commonwealth under Part 2 or 3 of the Parliamentary Business Resources Act 2017, other than:

(i) remuneration payable under subsection 14(1), (2) or (3) of that Act; or

(ii) a resource that is prescribed by the legislative rules for the purposes of this subparagraph; or

(b) a Parliamentary Retirement Travel Entitlement under the Parliamentary Retirement Travel Act 2002.

(7) Schedule 1, item 18, page 10 (line 12), before "provide", insert "incur expenses relating to, to pay or to".

(8) Schedule 1, item 20, page 11 (lines 7 and 8), omit "is payable, or required to be provided,", substitute "has been, or would be, paid or provided".

(9) Schedule 1, item 22, page 11 (lines 17 to 19), omit the item.

(10) Schedule 1, items 23 to 25, page 11 (line 21) to page 12 (line 11), omit the items, substitute:

23 Section 4 (paragraph beginning "IPEA may give a ruling")

Omit "a travel expense or travel allowance", substitute "an IPEA-administered public resource".

(11) Schedule 1, items 27 to 32, page 12 (line 16) to page 14 (line 6), omit the items.

(12) Schedule 1, item 34, page 14 (lines 13 to 17), omit the item.

(13) Schedule 1, item 38, page 14 (line 27) to page 15 (line 3), omit the item, substitute:

38 Subsections 37(1A) and (1B)

Repeal the subsections, substitute:

(1A) IPEA-administered public resources are public resources that are Authority-administered MP resources within the meaning of subsection 12(1A) of the Independent Parliamentary Expenses Authority Act 2017, other than resources prescribed by the regulations for the purposes of this subsection.

38A Subsection 37(2)

Omit "(but subject to subsection (1A))".

(14) Schedule 1, items 42 to 61, page 15 (line 17) to page 19 (line 24), omit the items.

(15) Schedule 1, item 64, page 22 (line 9), after "37(1)", insert ", (1A)".

(16) Schedule 1, item 64, page 22 (lines 19 to 24), omit subitem (4).

(17) Schedule 1, items 65 to 67, page 22 (line 25) to page 23 (line 12), omit the items.

(18) Schedule 1, item 68, page 23 (after line 17), after subitem (1), insert:

(1A) Without limiting subitem (1), rules made for the purposes of that subitem before the end of the period of 12 months starting on the day this item commences may provide that provisions of this Part have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.

(19) Schedule 2, page 24 (line 1) to page 30 (line 38), omit the Schedule, substitute:

Schedule 2 — Other amendments commencing day after Royal Assent

Part 1 — Amendments

Independent Parliamentary Expenses Authority Act 2017

1 Subsection 4(1) (paragraph (b) of the definition of MP work resource )

Repeal the paragraph, substitute:

(b) a private plated vehicle provided to a member of parliament under paragraph 14(4)(a) of the Parliamentary Business Resources Act 2017 (which includes any expenses or services associated with operating or maintaining the vehicle); or

(ba) an allowance or expense paid under paragraph 14(4)(c) of that Act in relation to internet or telephone services provided to a private residence of a member of parliament; or

(bb) an allowance or expense that is payable under section 15 of that Act; or

2 Subparagraph 12(1)(a)(i)

After "MP travel resources", insert "and MOPS travel resources".

3 Paragraph 12(1)(m)

Repeal the paragraph, substitute:

(m) to give rulings under section 37 of the Parliamentary Business Resources Act 2017 relating to certain MP travel resources;

4 After subsection 12(1)

Insert:

Legislative rules may limit functions in relation to particular resources

(1A) The legislative rules may provide that the functions of the Authority do not include doing a specified thing in relation to specified MP travel resources, MP work resources or MOPS travel resources. Any legislative rules made for the purposes of this subsection have effect despite subsection (1).

(1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, legislative rules made for the purposes of subsection (1A) of this section may make different provision in relation to particular resources depending on whether a resource is payable or provided:

(a) to or in relation to:

(i) a member of parliament; or

(ii) a former member of parliament; or

(iii) without limiting subparagraph (ii), a former Prime Minister; or

(iv) the estate of a person who dies while a member; or

(b) in any other circumstance.

Appointing persons to request and be given personal advice on behalf of members or former members of parliament

(1C) A member or former member of parliament (the appointer) may, by written notice given to the Authority in accordance with subsection (1F), appoint a person covered by subsection (1D) (the appointee) to request and be given personal advice under subparagraph (1)(a)(i) on behalf of the appointer.

Note: For variation and revocation of an appointment, see subsection 33(3) of the Acts Interpretation Act 1901.

(1D) This subsection covers:

(a) for a member of parliament—a MOPS staff member employed by the member, or a person in a class prescribed by the legislative rules for the purposes of this paragraph; and

(b) for a former member of parliament—any person, other than a person in a class prescribed by the legislative rules for the purposes of this paragraph.

(1E) The following paragraphs have effect:

(a) if, while the appointment is in force, the appointee requests the Authority to give the appointee personal advice about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the request is taken for all purposes to have been made by the appointer under that subparagraph to the Authority;

(b) if, while the appointment is in force, the Authority gives the appointee personal advice in response to such a request about a matter mentioned in subparagraph (1)(a)(i) relating to the appointer—the personal advice is taken for all purposes to have been given by the Authority under that subparagraph to the appointer.

(1F) If the Authority has approved, in writing, the form in which a notice of an appointment under subsection (1C) must be given, the notice must be:

(a) in the approved form; and

(b) given in the manner (if any) specified in the form; and

(c) accompanied by the information or documents (if any) required by the form.

(1G) The Authority must publish on its website a form approved for the purposes of subsection (1F).

5 Subsection 12(2) (note)

Omit "Note", substitute "Note 1".

6 At the end of subsection 12(2)

Add:

Note 2: If the report is to be published on the Authority's website, see also section 60 (sensitive information not to be included in public reports).

7 Paragraph 60(1)(c)

After "serious harm to", insert ", or would be likely to put at risk the safety of,".

Parliamentary Business Resources Act 2017

8 After paragraph 3(2)(a)

Insert:

(aa) if a person dies while a member, the person's estate may be paid an allowance in recognition that the resources mentioned in paragraph (a) will not be provided; and

9 Section 4 (paragraph beginning "IPEA may give a ruling")

Omit "A member may be protected from incurring a debt if the member relies on the ruling. A member may also be protected from incurring a debt if the member relies on incorrect personal advice given by IPEA.", substitute "A member may be protected from incurring a debt if a ruling determines that particular conduct was in accordance with this Act or if IPEA gives incorrect personal advice.".

10 Section 4 (paragraph beginning "Some resources")

After "former members", insert "and the estates of persons who die while a member".

11 Section 5 (paragraph (a) of the definition of resources provider )

Repeal the paragraph, substitute:

(a) a Secretary of a Department;

12 Section 13 (after the paragraph beginning "A former member")

Insert:

The estate of a person who dies while a member may be paid an allowance, as determined by the Remuneration Tribunal.

13 Section 13 (paragraph beginning "A former Prime Minister")

Omit "goods and services", substitute "resources".

14 Section 15 (at the end of the heading)

Add "and the estates of persons who die while a member".

15 Section 15

Before "A person", insert "(1)".

16 At the end of section 15

Add:

(2) The estate of a person who dies while the person is a member is to be paid any allowance determined from time to time, under section 46A, by the Remuneration Tribunal in recognition that allowances are not payable to such persons under subsection (1) of this section.

17 Section 16

Repeal the section, substitute:

16 Resources for former Prime Ministers etc.

(1) The Prime Minister may, by writing, determine that the Commonwealth must provide specified goods, services, premises, equipment or facilities, or pay specified allowances or expenses:

(a) to a person who is a former Prime Minister; or

(b) to a person who is:

(i) a spouse or dependent child of a former Prime Minister; or

(ii) employed by a former Prime Minister under the Members of Parliament (Staff) Act 1984;

for a purpose relating to a person who is a former Prime Minister.

(2) Without limiting subsection (1) or subsection 33(3A) of the Acts Interpretation Act 1901, a determination under subsection (1) of this section may:

(a) impose one or more limits or other conditions (whether on a former Prime Minister or any other person), including a requirement for the provision or payment of resources referred to in subsection (1) of this section to be dependent on a decision of a specified person; or

(b) relate to:

(i) particular former Prime Ministers, spouses or dependent children of former Prime Ministers, or persons employed by former Prime Ministers under the Members of Parliament (Staff) Act 1984; or

(ii) classes of former Prime Ministers, spouses or dependent children of former Prime Ministers, or persons employed by former Prime Ministers under that Act; or

(iii) former Prime Ministers, spouses or dependent children of former Prime Ministers, or persons employed by former Prime Ministers under that Act, generally.

18 Section 36

Omit "A ruling may be given on application by a member or on IPEA's own initiative.".

19 At the end of section 36

Add:

Generally, provisions of this Part that apply to members also apply to former members in relation to conduct engaged in while they were members.

20 After subsection 37(1)

Insert:

(1A) However, IPEA cannot give a ruling under subsection (1) in relation to travel expenses or travel allowances specified by the Minister, by legislative instrument, for the purposes of this subsection.

(1B) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, an instrument made for the purposes of subsection (1A) of this section may make different provision in relation to travel expenses or travel allowances depending on the circumstances in which a travel expense or travel allowance is incurred or claimed, or any other circumstances.

21 Subsection 37(2)

After "Without limiting subsection (1)", insert "(but subject to subsection (1A))".

22 At the end of subsection 37(2)

Add:

Note: Personal advice IPEA gives under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 to a person appointed by a member under subsection 12(1C) of that Act is taken to have been given to the member (see subsection 12(1E) of that Act).

23 At the end of section 37

Add:

Former members

(9) This section applies after a person ceases to be a member in relation to conduct engaged in while the person was a member as if:

(a) a reference to a member included a reference to a former member; and

(b) paragraph (3)(b) were omitted.

24 At the end of subsection 38(2)

Add:

Note: The ruling may have been given after the member ceased to be a member (see subsection 37(9)).

25 Subsection 38(4) (note 1)

Repeal the note, substitute:

Note 1: Despite this section, a member is not generally liable for a debt if IPEA gives personal advice under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 that the member would not contravene section 26, 27 or 28 of this Act and the advice is incorrect (see section 58 of this Act).

26 Paragraph 42(3)(b)

After "impose", insert ", or provide for a specified person by writing to impose in a particular case,".

27 Section 43

Before "The Tribunal must publish its reasons for making a determination.", insert "The Tribunal must also at least once each year inquire into the allowances to be paid to the estates of persons who die while a member, and may determine such allowances following the inquiry.".

28 After section 46

Insert:

46A Inquiries and determinations into allowances payable on death of a member

(1) At least once each year, the Remuneration Tribunal must inquire into the allowances to be paid out of the public money of the Commonwealth to the estates of persons who die while a member, and may determine such allowances following the inquiry.

(2) In performing its function under subsection (1), the Remuneration Tribunal must have regard to the principle that any such allowances are to be paid in recognition that allowances are not payable under subsection 15(1) to persons who die while a member.

(3) Subsection (2) does not limit the matters to which the Remuneration Tribunal may have regard.

29 Subparagraphs 47(2)(b)(i), (ii) and (iii)

Omit "or Ministers of State", substitute ", Ministers of State or former members".

30 At the end of paragraph 47(2)(b)

Add:

; or (iv) in relation to the estates of persons who die while a member—particular estates, classes of estates or estates generally.

31 Section 48

Omit "A member does not incur a debt if the member received incorrect personal advice from IPEA.", substitute "Generally, a member does not incur a debt if IPEA gives incorrect personal advice that relates to the debt.".

32 After subsection 49(4)

Insert:

Cessation of remuneration Territory senators

(4A) If the person is a senator of a Territory immediately before the dissolution or expiry of the House of Representatives, remuneration is to be paid to the person until the end of the day before the polling day for the first Senate election for the Territory after the dissolution or expiry, unless subsection (4B) applies.

(4B) If:

(a) the person is a senator of a Territory immediately before the Senate is dissolved; and

(b) the person is not a candidate at the first Senate election for the Territory after the dissolution;

remuneration is to be paid to the person until the end of the day of the dissolution.

33 Subsection 49(5) (heading)

Omit "Territory senators and".

34 Subsection 49(5)

Omit "senator of a Territory, or a member of the House of Representatives,", substitute "member of the House of Representatives".

35 Paragraph 49(5)(a)

Omit "first Senate election for the Territory, or the first election of the House of Representatives, (as the case requires)", substitute "first election of the House of Representatives".

36 Subsection 56(1)

Omit "Every 3 years", substitute "As soon as practicable after each fifth anniversary of 2 August 2022".

37 Paragraphs 57(2)(a) and (b)

After "fact that", insert "a person who is or was".

38 Subsection 57(3) (note 2)

Repeal the note, substitute:

Note 2: Despite this subsection, the recipient is not generally liable for a debt if IPEA gave personal advice under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 that the recipient would not contravene section 26, 27 or 28 of this Act and the advice is incorrect (see section 58 of this Act).

39 At the end of subsection 58(1)

Add:

Note: Personal advice IPEA gives under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 to a person appointed by a member under subsection 12(1C) of that Act is taken to have been given to the member (see subsection 12(1E) of that Act).

40 At the end of section 58

Add:

Former members

(3) This section applies after a person ceases to be a member in relation to conduct engaged in while the person was a member as if a reference to a member included a reference to a former member.

41 Section 59

Omit "The", substitute "(1) Subject to subsection (2), the".

42 At the end of section 59

Add:

(2) Subsection (1) does not apply to payments determined by the Minister, by legislative instrument, for the purposes of this subsection.

43 At the end of subsection 60(1)

Add:

; or (e) the Chief Executive Officer of IPEA; or

(f) an SES employee, or acting SES employee, who is a member of the staff described in section 49 of the Independent Parliamentary Expenses Authority Act 2017.

44 Subsections 60(3) and (4)

Repeal the subsections, substitute:

President of the Senate

(3) The President of the Senate may, by written instrument, delegate any of the President's powers, functions or duties under this Act to any of the following (all within the meaning of the Parliamentary Service Act 1999):

(a) the Clerk of the Senate;

(b) the Secretary of the Department of Parliamentary Services;

(c) an SES employee or acting SES employee in the Department of the Senate or the Department of Parliamentary Services.

Speaker of the House of Representatives

(4) The Speaker of the House of Representatives may, by written instrument, delegate any of the Speaker's powers, functions or duties under this Act to any of the following (all within the meaning of the Parliamentary Service Act 1999):

(a) the Clerk of the House of Representatives;

(b) the Secretary of the Department of Parliamentary Services;

(c) an SES employee or acting SES employee in the Department of the House of Representatives or the Department of Parliamentary Services.

Part 2 — Application, transitional and saving provisions

45 IPEA functions

(1) Paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017, as in force at and after the commencement of this item, applies in relation to a matter whether the matter occurs before, at or after that commencement.

(2) Paragraph 12(1)(m) of the Independent Parliamentary Expenses Authority Act 2017 applies at and after the commencement of this item subject to the operation of section 37 (rulings) of the Parliamentary Business Resources Act 2017, as that section applies at and after that commencement in accordance with item 46 of this Schedule.

46 IPEA rulings

(1) Subsection 37(1A) of the Parliamentary Business Resources Act 2017, as inserted by Part 1 of this Schedule, applies at and after the commencement of this item in relation to conduct referred to in paragraph 37(1)(a) of that Act whether the conduct is engaged in before, at or after the commencement of this item.

(2) Subsection 37(9) of the Parliamentary Business Resources Act 2017, as inserted by Part 1 of this Schedule, applies at and after the commencement of this item in relation to a person whether the person ceases to be a member before, at or after that commencement, including for the purposes of subsections 37(1) and (2) of that Act as they apply as a result of subitem (1).

47 Remuneration of Territory senators

Section 49 of the Parliamentary Business Resources Act 2017, as amended by Part 1 of this Schedule, applies in relation to a dissolution of the Senate, or a dissolution or expiry of the House of Representatives, that occurs at or after the commencement of this item, whether the person becomes a senator of a Territory before, at or after that commencement.

48 Saving of former Prime Minister determinations

A determination made under subsection 16(1) of the Parliamentary Business Resources Act 2017 that was in force immediately before the commencement of this item continues in force (and may be dealt with) as if it had been made under that subsection as amended by Part 1 of this Schedule.

49 Saving of delegations by presiding officers

A delegation made under subsection 60(3) or (4) of the Parliamentary Business Resources Act 2017 that was in force immediately before the commencement of this item continues in force (and may be dealt with) as if it had been made under subsection 60(3) or (4) (as the case requires) of that Act as amended by Part 1 of this Schedule.

50 Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2) Without limiting subitem (1), rules made for the purposes of that subitem before the end of the period of 12 months starting on the day this item commences may provide that provisions of this Part have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.

(3) To avoid doubt, rules made for the purposes of subitem (1) may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).

The government amendments would make a number of changes to the Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Bill 2024 to ensure consistency and allow for a seamless transition between the Department of Finance and the Independent Parliamentary Expenses Authority and the oversight and management of office expenses.

Question agreed to.

Bill, as amended, agreed to.